HCR 105 (LSB 5182YH (3) 86)

HOUSE CONCURRENT RESOLUTION NO. 105

BY  WILLS, GUSTAFSON, SALMON, HEARTSILL, FRY, KAUFMANN, FISHER, R. TAYLOR, WATTS, HOLT, GRASSLEY, BEST, PAUSTIAN, KLEIN, T. MOORE, HEIN, BRANHAGEN, KOESTER, HUSEMAN, HOLZ, DEYOE, WORTHAN, BYRNES, BAUDLER, MAXWELL, STANERSON, and KOOIKER

A Concurrent Resolution claiming state sovereignty under the Tenth Amendment to the Constitution of the United States over certain mandates imposed on the states by the federal government.

   WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”; and
   WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
   WHEREAS, the United States Supreme Court has ruled that Congress may not simply commandeer the legislative and regulatory processes of the states; and
   WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
   WHEREAS, today, the states are demonstrably treated as agents of the federal government; and
   WHEREAS, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; NOW THEREFORE,

   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, That the State of Iowa hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and

   BE IT FURTHER RESOLVED, That the Iowa General Assembly demands that the federal government, as its agent, cease and desist, effective immediately, enacting federal mandates that are beyond the scope of these constitutionally delegated powers; and
   BE IT FURTHER RESOLVED, That a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of Iowa’s congressional delegation.